State Of Chhattisgarh vs Pushpendra Dwivedi
2021 Latest Caselaw 1798 Chatt

                                                                          NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                  CRMP No. 756 of 2020
             State Of Chhattisgarh Through- Police Station Sariya District
              Raigarh, Chhattisgarh.                        --- Petitioner.
                                         Versus
               Pushpendra Dwivedi S/o Madhusudan Dwivedi Gram- Rahat,
               Thana- Chourahta, District- Rewa (MP)  --- Respondent.


        For the State        :-     Mr. Ravish Verma, GA.


               Hon'ble Shri Justice Manindra Mohan Shrivastava
                  Hon'ble Smt. Justice Vimla Singh Kapoor,

                         Per Manindra Mohan Shrivastava, J.

16.08.2021 Heard on application for condonation of delay, as well as, prayer

for grant of leave to appeal against the judgment of acquittal.

Even if, we were inclined to condone the delay, we are not

inclined to grant leave to appeal because in the present case the

acquittal of accused Pushpendra who is alleged to have been driving

the vehicle has been ordered after minute scrutiny of entire evidence on

record resulting in conclusion that none of the witnesses have involved

accused Pushpendra as the person driving the vehicle. Even according

to the prosecution when vehicle intercepted, the occupants of the

vehicle ran away from the spot. The I/O and two other policeman who

are said have been present at the spot have not identified the

Pushpendra. According to agreement of the seized vehicle, the vehicle

is given by owner Santosh Kumar Singh to accused Rohit Tiwari. Rohit

Tiwari is absconding.

In view of the above, there is no merit in the application

therefore, CRMP is rejected.

                  Sd/-                                             Sd/-
       (Manindra Mohan Shrivastava)                        (Vimla Singh Kapoor)
                 Judge                                            Judge
Ajay